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Contents (2008 - 240)
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Liquor Regulation 2008
Repealed version for 1 July 2018 to 31 August 2018 (accessed 26 June 2019 at 06:35)
Part 4
Part 4 Licences and licensed premises—miscellaneous provisions
17   General and small bar licences—prohibition on gambling
It is a condition of a general bar licence or a small bar licence that the licensed premises cannot be used:
(a)  to conduct a totalizator, or to conduct any betting activity, under the authority of a licence granted under the Totalizator Act 1997, or
(b)  to conduct a public lottery (within the meaning of the Public Lotteries Act 1996) authorised under that Act.
Note.
 Keno is a form of public lottery.
17A   Small bars—maximum number of patrons
For the purposes of section 20C (1) of the Act, the prescribed number is 100.
18   On-premises licence—excluded premises
For the purposes of section 21 of the Act, premises that operate primarily as premises providing entertainment by way of amusement machines (such as pinball machines or video games), pool tables, games of poker using playing cards or juke boxes are prescribed:
(a)  as premises in respect of which an on-premises licence must not be granted, or
(b)  if an on-premises licence has been granted for the premises—as premises in respect of which the authorisation conferred by the licence does not apply.
19   On-premises licence—authorisations allowing liquor to be sold without another product or service
(1)  An authorisation under section 24 (3) of the Act is subject to the following conditions:
(a)  a notice, in the form approved by the Authority, relating to the authorisation and its effect must be displayed at or near every entrance by which members of the public may enter the licensed premises in such a manner and in such a position that a person coming in by the entrance would reasonably be expected to be alerted to its contents,
(b)    (Repealed)
(c)  the licensee must, on a monthly basis, record the total liquor sales during that month and the total sales of the other product or service during that month, and make each such record available for inspection by a police officer or inspector on request.
(d)    (Repealed)
(2)  In the case of an authorisation under section 24 (3) of the Act that is, as provided by Schedule 1 to the Act, a continuation of a dine-or-drink authority under the former Act, the condition referred to in subclause (1) (a) does not apply in relation to the licensed premises concerned until after 31 December 2008.
20   On-premises licence—authorisation to trade on premises other than licensed premises
(1)  In this clause:
relevant authorisation means an authorisation under section 25 (6) of the Act to sell liquor on premises other than the licensed premises to which an on-premises licence relates.
(2)  A relevant authorisation may be granted by the Authority only for the purposes of authorising the licensee to sell liquor:
(a)  in the case of a licensee who carries on a commercial catering business—on any premises in respect of which the licensee provides catering services, or
(b)  to a person who is participating in a commercial tour operated by the licensee or a related corporation of the licensee.
(3)  A relevant authorisation is subject to the condition that food of a nature consistent with the responsible sale, supply and service of alcohol is made available whenever liquor is sold or supplied on any premises in accordance with the authorisation.
(4)  A relevant authorisation is, on the commencement of this Regulation, taken to be in force in relation to an existing caterer’s licence that is, under Schedule 1 to the Act, converted to an on-premises licence that relates to a catering service. Any such relevant authorisation authorises the licensee to sell liquor, at any time when liquor is authorised to be sold or supplied under the licence, on any premises in respect of which the licensee provides catering services.
(5)  A relevant authorisation that is, or is taken to be, held by a licensee who carries on a commercial catering business is subject to the following conditions:
(a)  the licensee must give written notice of any proposal to provide catering services at a function to be held under the authorisation to the local police and the local council for the area in which the function is to be held,
(b)  the notice must include the following details:
(i)  the address of the premises on which the function is to be held,
(ii)  the name of the occupier of those premises,
(iii)  the nature of the function,
(iv)  the number of persons for whom catering services are to be provided at the function,
(v)  the date on which, and the hours during which, the function is to be held,
(c)  the notice must be given not less than 14 days before the date on which the function is to be held,
(d)  the licensee must not sell or supply liquor on any premises in respect of which an application by any person for any of the following has been refused by the Authority within the previous 2 years:
(i)  a licence,
(ii)  the removal of a licence to those premises,
(iii)  an extended trading authorisation.
(6)  Despite subclause (5), a relevant authorisation that relates to licensed premises at the Opera House site is not subject to the conditions specified in subclause (5) (a)–(c) in relation to any function held within the Opera House site at which the licensee provides catering services.
21   On-premises licence—authorisation to sell liquor for consumption away from licensed premises
(1)  An authorisation under section 26 of the Act to sell liquor for consumption away from the premises to which an on-premises licence relates may be granted by the Authority only if:
(a)  the licence is held by or on behalf of a non-proprietary association and the Authority is satisfied that the licensed premises promote tourism or industry in the local area in which the premises are situated, or
(b)  the licensed premises are situated in or on a facility that is under the control or management of a public authority (whether or not the licence is held by or behalf of the public authority).
(2)  An authorisation under section 26 of the Act is subject to the following conditions:
(a)  in the case of licensed premises referred to in subclause (1) (a)—liquor may only be sold for consumption away from the premises if it has been produced in the local area in which the premises are situated,
(b)  in the case of licensed premises referred to in subclause (1) (b)—liquor may only be sold for consumption away from the premises if it is a souvenir liquor product of the public authority concerned,
(c)  in the case of an authorisation in force immediately before the commencement of the Liquor Amendment (Takeaway Souvenir Liquor Sales) Regulation 2010—liquor may only be sold under the authorisation between 10 am and 10 pm.
(2A)  An authorisation under section 26 of the Act cannot authorise the sale of liquor between midnight and 5 am.
(3)  An authorisation under section 26 of the Act cannot be granted if the premises to which the on-premises licence relates are a vessel, an aircraft or any moving vehicle.
(4)  An existing Governor’s licence that is, under Schedule 1 to the Act, converted to an on-premises licence is taken to be endorsed with an authorisation under section 26 of the Act if the sale of liquor for consumption away from the licensed premises was authorised under the former Act.
(5)  For the purposes of subclause (2) (b), liquor is a souvenir liquor product of a public authority only if:
(a)  the bottle or other container in which the liquor is contained is, with the permission of the public authority, marked with the name, logo or other distinguishing feature of the public authority or the facility in or on which the licensed premises are situated, and
(b)  it is promoted primarily as a souvenir of the public authority or that facility, and
(c)  it is sold or made available for sale with the permission of the public authority.
(6)  In this clause:
facility means a facility (including any building or land) that is operated or used for a cultural, sporting, recreational, educational or scientific purpose.
public authority means a statutory body referred to in Schedule 2 to the Public Finance and Audit Act 1983.
22   Licensed cinemas and theatres
Sections 123–126 of the Act do not apply to or in respect of a licensed public entertainment venue that is a cinema or a theatre.
22A   Trading past midnight on morning of restricted trading day
Sections 14 (3) and 25 (3) of the Act do not apply to or in respect of licensed premises during any period that the premises would otherwise be authorised to trade in accordance with an extended trading authorisation that is in force in relation to the premises.
23   Notice relating to industry shows and producers’ markets or fairs
(1)  For the purposes of section 33 (1) (d) and (e) of the Act, the notice required to be given to the Authority and local police by the organiser of an industry show or a producers’ market or fair is to be in writing and in the form approved by the Authority.
(2)  It is a condition of a producer/wholesaler licence that the licensee must not sell or supply the licensee’s product at an industry show or at a producers’ market or fair in accordance with section 33 (1) (d) or (e) of the Act unless the local council in whose area the industry show or market or fair is to be held has been notified, in writing and in the form approved by the Authority, about the industry show or market or fair (as the case requires) at least 7 days before it is held.
24   Requirements relating to producers’ markets or fairs
The following requirements are prescribed for the purposes of the definition of producers’ market or fair in section 33 (5) of the Act:
(a)  the market or fair must include a minimum of 10 stall holders displaying their produce or other products for sale directly to the public,
(b)  the market or fair must be promoted as being a market or fair at which farmers or primary producers display and sell their products directly to the public,
(c)    (Repealed)
25   Wine producers—prescribed percentage of wine that is licensee’s own product
For the purposes of paragraph (b) of the definition of licensee’s product in section 33 (3) of the Act, the prescribed percentage is:
(a)  50%—in the case of wine that has been produced by or under the direction of the licensee (or a related corporation of the licensee) on the licensed premises or a vineyard related to the licensed premises, or
(b)  85%—in the case of wine that has been produced on the licensee’s behalf, or under the direction of the licensee or a related corporation of the licensee, from fruit grown on the licensed premises or a vineyard related to the licensed premises.
26   Multiple premises of wine producers
(1)  For the purposes of section 35 (2) of the Act, the licensed premises of a wine producer are all located in the same wine region if the premises are all located in one, but not more than one, of the following wine regions (being a wine region that is a geographical indication determined under Australian Grape and Wine Authority Act 2013 of the Commonwealth):
(a)  Murray Darling,
(b)  Perricoota,
(c)  Riverina,
(d)  Swan Hill,
(e)  Cowra,
(f)  Mudgee,
(g)  Orange,
(h)  Hunter,
(i)  Hastings River,
(j)  New England Australia,
(k)  Shoalhaven Coast,
(l)  Southern Highlands,
(m)  Canberra District,
(n)  Gundagai,
(o)  Hilltops,
(p)  Tumbarumba,
(q)  Western Plains.
(2)  However, if the licensed premises of a wine producer are not located in any of the wine regions referred to in subclause (1), the licensed premises of the wine producer are, for the purposes of section 35 (2) of the Act, taken to be all located in the same wine region if the premises are all located within 20 km of each other.
27   Incident registers
For the purposes of section 56 (2) (d) of the Act, any incident that results in a patron of the licensed premises requiring medical assistance is prescribed as an incident that must, if it occurs outside of the standard trading period for the premises, be recorded in the incident register required to be maintained under that section.
28   Closure of licensed premises by Authority
For the purposes of section 84 (5) of the Act, the Authority cannot require the closure of premises for a period of more than 6 months.
29   Display of name of licensed premises
(1)  The sign required by section 95 (1) of the Act to appear and be maintained on the front of licensed premises must:
(a)  appear and be maintained in such a manner that it may be read from the part of a public place to which the front of the premises abuts, and
(b)  include the name of the licensee, and
(c)  in the case of a hotel licence that is designated as a general bar licence—indicate that the licence for the premises is a general bar licence, and
(d)  in the case of an on-premises licence—indicate either the business or activity carried out on the licensed premises or the kind of licensed premises to which the licence relates.
(2)  Subclause (1) (a) and (b) does not apply to the licensed premises of an existing registered club until after 31 December 2009.
(3)  Subclause (1) (d) does not apply to the licensed premises of an on-premises licence that is a continuation of an existing on-licence until after 31 December 2009.
30   (Repealed)
31   Sale or supply of liquor to minors prohibited—notice to be displayed in licensed premises
(1)  A licensee must cause a notice that contains the following words to be displayed in the licensed premises in accordance with this clause:IT IS AGAINST THE LAW TO SELL OR SUPPLY ALCOHOL TO, OR TO OBTAIN ALCOHOL ON BEHALF OF, A PERSON UNDER THE AGE OF 18 YEARS
Maximum penalty: 20 penalty units.
(2)  The notice must be in the form approved by the Authority and be obtained from the NSW Office of Liquor, Gaming and Racing.
(3)  The notice must be prominently displayed:
(a)  in the case of premises where liquor is sold at a bar or counter—at the bar or counter, in such a manner and in such a position that a person standing at the bar or counter would reasonably be expected to be alerted to its contents, and
(b)  in the case of premises where liquor is not sold at a bar or counter but is otherwise sold—at or near every entrance by which members of the public may enter the premises, in such a manner and in such a position that a person coming in by the entrance would reasonably be expected to be alerted to its contents.
(4)  Despite subclause (1), a notice that complied with clause 33 of the Liquor Regulation 1996, as in force immediately before 1 July 2008, may continue to be used until the end of the period of 12 months from that date or until the date the notice is replaced, whichever happens first.
(5)  This clause does not apply in relation to a licensee that is an existing registered club until after 31 December 2008.
32   Sale of liquor through Internet site—notice to be displayed
(1)  A licensee who offers liquor for sale through an Internet site must display on the site, at all times while it is accessible, the following notice in accordance with this clause:LIQUOR ACT 2007
IT IS AGAINST THE LAW TO SELL OR SUPPLY ALCOHOL TO, OR TO OBTAIN ALCOHOL ON BEHALF OF, A PERSON UNDER THE AGE OF 18 YEARS
Maximum penalty: 20 penalty units.
(2)  The words contained in the notice must be big enough to ensure that a person accessing the Internet site would reasonably be expected to be alerted to the contents of the notice.
(3)  Despite subclause (1), a notice that complied with clause 33A of the Liquor Regulation 1996, as in force immediately before 1 July 2008, may continue to be used until the end of the period of 12 months from that date or until the date the notice is replaced, whichever happens first.
33   Bar areas of hotels and clubs
(1)  In this clause:
bar area means the bar area of hotel or club premises.
(2)  A licensee must cause a notice that contains the following words to be displayed, in accordance with this clause, in the bar area of the hotel or club premises concerned:PERSONS UNDER THE AGE OF 18 YEARS ARE NOT PERMITTED IN THIS AREA BY LAW
Maximum penalty: 20 penalty units.
(3)  The notice must be in the form approved by the Authority and be obtained from the NSW Office of Liquor, Gaming and Racing.
(4)  The notice must be displayed in such a manner and in such a place that it would be reasonable to expect that a person entering the part of the premises in which the notice is displayed would reasonably be expected to be alerted to its contents.
(5)  Despite subclause (1), a notice that complied with clause 34 of the Liquor Regulation 1996 or clause 12 (1) of the Registered Clubs Regulation 1996, as in force immediately before 1 July 2008, may continue to be used until the end of the period of 12 months from that date or until the date the notice is replaced, whichever happens first.
(6)  Section 124 (1) (a) or (2) (a) of the Act does not apply in relation to a licensee if the minor who is in the bar area is performing in a show or other live entertainment performance held in the bar area and is in the company of a responsible adult while in the bar area.
33A   Minors prohibited in small bars during trading hours—notice to be displayed
(1)  The licensee of a small bar must cause a notice that contains the following words to be displayed, in accordance with this clause, on the licensed premises:PERSONS UNDER THE AGE OF 18 YEARS ARE NOT PERMITTED ON THESE PREMISES DURING LIQUOR TRADING HOURS
Maximum penalty: 20 penalty units.
(2)  The notice must be in the form approved by the Secretary and be obtained from the NSW Office of Liquor, Gaming and Racing.
(3)  The notice must be displayed in such a manner and in such a place that it would be reasonable to expect that a person entering the licensed premises would reasonably be expected to be alerted to its contents.
34   Use of certain areas by accompanied minors—notice to be displayed in hotels and licensed public entertainment venues
(1)  A hotelier must cause a notice containing the words specified in subclause (3) to be displayed, in accordance with this clause, in any area of the hotel to which a minors area authorisation relates.
Maximum penalty: 20 penalty units.
(2)  The holder of an on-premises licence that relates to a public entertainment venue (other than a cinema or a theatre) must cause a notice containing the words specified in subclause (3) to be displayed, in accordance with this clause, in any area of the licensed premises in which entertainment is provided.
Maximum penalty: 20 penalty units.
(3)  For the purposes of subclauses (1) and (2), the required words are as follows:PERSONS UNDER THE AGE OF 18 YEARS MUST BE WITH A RESPONSIBLE ADULT IN THIS AREA BY LAW
(4)  The notice must be in the form approved by the Authority and be obtained from the NSW Office of Liquor, Gaming and Racing.
(5)  The notice must be displayed in such a manner and in such a place that it would be reasonable to expect that a person entering the part of the premises in which the notice is displayed would reasonably be expected to be alerted to its contents.
(6)  Despite subclause (1), a notice that complied with clause 35 of the Liquor Regulation 1996, as in force immediately before 1 July 2008, may continue to be used until the end of the period of 12 months from that date or until the date the notice is replaced, whichever happens first.
35   Breath analysis instruments
For the purposes of section 97 (4) of the Act, the following requirements are prescribed in relation to the sign that must be displayed on or in close proximity to any breath analysis instrument installed on licensed premises:
(a)  the sign must be clearly legible and in good condition and so positioned that its contents can be easily read by a person using the instrument,
(b)  the sign must display the following matter in print of a type size and character that will be clearly legible to a person using the equipment:IMPORTANT INFORMATION ABOUT BREATH TESTING
Readings given by this instrument are NOT ACCEPTED by the Police or the Courts.
Your blood alcohol level can rise for 1 hour or more after your last drink.
36   Display and availability of licence and licence-related authorisations
(1)  This clause applies to any member of staff of licensed premises who:
(a)  sells, supplies or serves liquor on the licensed premises, or
(b)  carries on any security activity (such as a crowd controller or bouncer) on or about the licensed premises, or
(c)  exercises any functions under the Act or this Regulation.
(2)  It is a condition of a licence that a copy of each of the following are available at all times for the information of the members of staff of the licensed premises to which this clause applies:
(a)  the licence,
(b)  any licence-related authorisation held in relation to the licence,
(c)  any conditions imposed by the Authority or the Secretary on the licence or the authorisation.
37   Requirement to provide information relating to persons interested in licensee’s business
If a person referred to in section 55 of the Act ceases to be a person who, in accordance with that section, is interested in the business, or the conduct of the business, carried out on licensed premises, it is a condition of the licence that the Authority is, within 28 days of the person ceasing to have that interest, notified in writing that the person is no longer such an interested person.
38   Resumption of trading—requirement to notify Authority
It is a condition of a licence that the licensee must, following any continuous period of more than 6 weeks during which the licensed premises ceased trading, notify the Authority as soon as practicable after the licensed premises resume trading.
38A   (Repealed)
38B   Condition relating to licensed vessels
(1)  It is a condition of an on-premises licence that relates to a vessel that the licensee must not (except as provided by this clause) cause or permit any passenger to board from or disembark to any part of the Sydney CBD Entertainment precinct (whether from the berthed vessel or by a tender or other means) during the general late trading period.
(2)  The Secretary may, on application by a licensee, by order in writing exempt the licensee from the application of subclause (1) during a period or in the circumstances specified in the order.
(3)  Subclause (1) does not apply in relation to the period between midnight and 3 am on 1 January in any year.